Man convicted of stabbing taxi driver loses appeal bid

2017-04-21 20:19
(File, iStock)

(File, iStock)

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Cape Town - A man convicted of robbing and stabbing a friend in the back when he would not buy stolen goods from him, on Friday lost his bid to have his 12-year jail sentence reduced.

Western Cape High Court Judges Melanie Holderness and Robert Henney did not accept that the sentence imposed on Avele Mbele was too harsh, or even shocking.

Mbele was jailed for his part in robbing and stabbing New Crossroads taxi driver Mxolisi Liwane in 2014.

Holderness recalled some of the evidence of the trial, and said the taxi driver was getting ready for work around 03:30 when he heard a noise outside his house.

He went to have a look and Mbele was outside to ask if he wanted to buy some stolen goods. He said he was not interested in stolen goods, and started walking back towards his house.

Mbele grabbed Liwane's firearm, then stabbed him in the back and fled with the gun.

“He asked the court to be lenient, but no evidence was presented to justify and deviation,” she continued.

Liwane managed to get himself to a police station to get help and to report his stolen firearm. He survived the attack.

Prosecutor Christopher Burke argued that Mbele's sentence should not be reduced because the firearm he stole was never recovered and still posed a danger to society.

Holderness said the court had already deviated from the prescribed sentence of 15 years in view of the one year and three months he spent in custody before being convicted, and because of his plea that he needed to support his two children.

He had a previous conviction, and in this case had attacked a person who had been giving him odd jobs. He had also not played open cards with the court regarding the firearm's whereabouts.

Both judges agreed that the appeal be dismissed.

Read more on:    cape town  |  crime

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